Talukdar, J. - (1.) IN Motor Accident Claim Case No. 118 of 2004, the Motor Accident Claims Tribunal, First Court, Jalpaiguri by its Judgment and Order under Appeal dated 20.11.2008 passed an award of Rs. 90,000/- and directed that in the event the said amount is not paid within a month, it would carry an interest @ 7% per annum with effect from 29.06.2004.
(2.) SHRI Banrjee, learned Counsel for the Appellants has assailed the said order firstly on the ground that the assessment of the income on notional basis was not proper as there was a scheduled income, which has transpired from the evidence of both P.W.1, Sudhir Ch. Roy, father of the deceased and P.W.2, Nirmal Ch. Bachhar, employer of the deceased. Thereafter, Shri Banerjee, learned Counsel took us through the order under Appeal and submitted that the question of interest was not considered by the learned Tribunal and simply an order in default was passed, which is not the correct state of affairs in view of the settled position of law. Shri Banerjee further submitted that the multiplier of 9 adopted by the learned Tribunal was also absolutely erroneous as the correct multiplier would be 11 as based on the age of the Mother.
(3.) ACCORDING to Shri Banerjee, P.W.1, Sudhir Ch. Roy, Father of the deceased was 60 years of age at the time of his deposition before the Tribunal while' his age was 56 and his wife was 51 at the time of the occurrence. As such, computing the age on average basis, it would come to 54. Shri Banerjee on the basis of the aforesaid points, has prayed for enhancement of the amount of compensation along with award of interest.;